These options means it is possible for anyone who is affected by the dispute to initiate a request on an anonymous basis, including concerned third-party stakeholders.
Each party will need to identify itself as an “Essential” or “Non-Essential” party in terms of whether or not its involvement is needed to resolve the dispute.
It is possible for a party to ask InnovADR to open the case itself as the Requesting Party, but as a Non-Essential party.
It is important when opening a case for each party to consider any confidentiality obligations that may exist regarding the existence of the conflict itself and any other parties to it. InnovADR will treat all information it receives as strictly confidential, and will not disclose a case’s existence to anyone, except the members of each team identified by that party and any ADR neutrals the parties permit InnovADR to share that information with.
Each party will first be asked to provide information about itself and the members of its team. Each party will need to identify:
In addition to its Authorized Representative, each party may identify:
The Authorized Representative and the Primary Contact can be the same person.
The results page provides a diagnostic analysis (in the form of a Riskin Grid) suggesting different type(s) of processes the parties may wish to consider using to resolve their dispute in view of the answers provided.
Each party’s Application Form must be approved by its designated Authorized Representative by clicking on the green “Approve” button that is only available to that person when they view their party’s Application Form. (All other team members only see a blue “Submit” button).
The other party(ies) will automatically be invited by e-mail to fill out an Application Form after the first party’s Authorized Representative approves that party’s Application Form.
No documents or position papers need to be provided.
Each party’s Authorized Representative will need to click on the green “Approve” button that appears at the end of their DDQ form before that DDQ can be processed by InnovADR.
InnovADR will analyse and make a proposal to the parties after the Application Forms and DDQs of all of the essential parties to the dispute have been received.
Once the ADR Facilitation & Investment Agreement has been signed by each party’s Authorized Representative, each party is asked to propose up to five ADR neutrals it would like to act as the mediator to initiate their case.
InnovADR does not have a closed list of its own mediators. While its Advisory Board includes a list of highly experienced and qualified international commercial mediators (all of whom InnovADR will automatically accept and pay for), InnovADR is willing to accept any professional mediator certified by any internationally-recognized ADR institution. It recommends, however, hiring a Certified International Mediation Institute (IMI) Professional and that each party read IMI’s web page on “Choosing the Right Mediator” and IMI’s Decision Tree before proposing any mediators.
InnovADR’s partner organization, Mundi Mediatores, is also available to assist the parties with the appointment of any ADR neutrals, if needed.
Examples of accredited lists of mediators InnovADR is willing to pay for include all of the ADR Neutrals & Associations listed under “Entities We Work With” above, which includes:
Once the first ADR neutral is agreed upon, the dispute resolution process is initiated. InnovADR will pay upfront for two days of the first ADR neutral’s fees to ensure there are no possible conflict of interest issues with respect to InnovADR, and to preserve their independence, neutrality and impartiality for the parties.
InnovADR remains available to support the ADR neutral(s) in implementing the dispute resolution process that will have been agreed to by the parties after the process has begun. It may only share the results of the parties’ Application Forms and their Due Diligence Questionnaires with the first ADR neutral if the parties all agreed to it.
InnovADR will pay for the fees of the first ADR neutral and any additional ADR neutral(s) the parties agree to, as well as any associated institutional fees, up to the total amount InnovADR agreed to invest in its agreement with the parties. Beyond that, the parties are responsible for sorting out any additional fees with the ADR neutrals they have appointed, and for paying these additional fees.
The parties and the ADR neutral(s) appointed commit to inform InnovADR promptly when the case settles (whether partially or completely). No other information needs to be provided to InnovADR after the first ADR neutral has been appointed.